RUSSELLVILLE, Ark. (KTHV) - A murder case goes before a jury three times, and still, no one found guilty.

You'll recall, Nona Dirksmeyer, an Arkansas Tech student, was stabbed and beaten to death in her Russellville apartment in 2005.

A jury acquitted her former boyfriend Kevin Jones of the crime. After two mistrials, authorities let the second suspect, Gary Dunn, go. Dunn was Dirksmeyer's neighbor at the time of her death.

Now, Jones says he wants justice for wrongful prosecution and he's going after it by suing the city, the former police chief, an officer, and Dunn.

But when the questions in the deposition turned to the murder, "I am advising him to use his Fifth Amendment rights against self incrimination," says Dunn's attorney Jeff Rosenzweig.

"He took the Fifth Amendment, and we anticipated that but we needed to get it on record," says Chuck Gibson. So Jones' attorney, Chuck Gibson, issued yet another subpoena right away, for another deposition in November.

But according to Dunn's attorney, Jeff Rosenzweig, the lawsuit is unnecessary.

"The theory of the case they are presenting is silly," Rosenzweig says.

An attorney representing the others named in this suit, declined to comment.